UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on February 13 , 2014



### NOTICE OF ACTION TAKEN

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_____________________________________________________________________________________________________________________________ ___ This serves as notice to the public of the action described below, taken by the Department official indicated (no

additional confirming order will be issued in this matter).

Applicant 

### : ESTAFETA CARGA AEREA, S.A. de C.V. (Estafeta) Date Filed: December 23

, 2013

Relief requested: Renewal of e xemption under 49 U.S.C. § 4 0109 to permit the applicant to conduct s cheduled all

- cargo

services between ( 1 ) Merida, Mexico, and Miami, Florida; and ( 2 ) Cancun

, Mexico, and Miami, Florida

.

The applicant also requests renewal of its exemption authority to conduct all

- cargo charter operations between Mexico

and the United St ates, and other cargo charters in accordance with 14 CFR Part 212.

Date and citation of last action: December 21, 2012, in this Docket.

Applicant representative: Herbert A. Rosenthal, (202) 7 85

- 9773 DOT Analyst: Catherine C. Brown (202) 366

- 23 90

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date : February 13, 2014

Effective dates of exemption authority granted: February 13, 2014

– February 13, 2015



### Basis for approval (bilateral agreement/reciprocity) : United States

- Mexico Air Transport Services Agreement.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated:

X Standard exemption conditions (attached)

Special conditions/ Rem arks: In accordance with 14 CFR §212.9(d), Estafeta shall not perform any charter flights to or

from the United States unless the Department has granted a statement of authorization for such operations. 2

Action taken by: Paul L. Gretch, Director

Office of International Aviation

_____________________________________________________________________________________________________________________________ ___ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) the applicant is

qualified to perform the proposed operations; (2) our action was consistent with Department policy; (3) grant of the

authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regula tory

action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied

all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time

without hea ring at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s

regulations, 14 CFR § 385.30, may file their petitions within seven (7) days after the date of issuance of this No tice. This

action was effective when taken, and the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov12/200 7 Foreign Carrier Exemption Con ditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations,

and it has filed a copy of such author ization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security

Administration, and with all applicable U.S. Government requirements concerning security, including, but not limi ted to,

14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all applicable

U.S. Government requirements concerning security, the holder shall, before commencing any new service (including

charter flights) fr om a foreign airport that would be the holder’s last point of departure for the United States, contact its

International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise

the IIR of its plans and t o find out whether the Transportation Security Administration has determined that security is

adequate to allow such airport(s) to be served;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the

commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST

Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight Standards

Service (any changes to, or term ination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to

Annex 6 of the Chicago Convention;

(5) Conform to the airworthines s and airman competency requirements of its Government for international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of

14 CFR Part 203, concerning waiver of Warsaw Conve ntion liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C.

1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the

United States that are: (a) based on its operations in international air transportation that, according to the contract of

carriage, include a point in the United States as a point of origin, point of destination, or agreed stopp ing place, or for

which the contract of carriage was purchased in the United States; or (b) based on a claim under any international

agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term

"internat ional air transportation" means "international transportation" as defined by the Warsaw Convention, except that

all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its

homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter

data;

(10) If charter operations are authori zed, except as otherwise provided in the applicable aviation agreement, comply with

the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by t he public interest as may be

prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all

applicable laws of the United States.

This authority shall not be effective during any period when the hol der is not in compliance with the conditions imposed

above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval under Title

49 of the U.S. Code.